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The Committee notes with regret that the Government’s report makes no reference to any progress on the matters raised in its previous comments.

Articles 14 and 15 of the Convention. Material resources essential to the performance of labour inspection duties. According to the Government, the lack of progress in applying the Convention is due to the inadequate material resources available to the labour inspectorate, and in particular the absence of suitable transport facilities for visits to agricultural undertakings in remote rural areas. The Committee reminds the Government that in ratifying the Convention, it undertook to adopt the necessary measures to apply the Convention in law and in practice. Since transport facilities are essential to the performance of inspection duties in agricultural undertakings, it is up to the Government to do its utmost to provide such facilities for the inspection services working in rural areas with no public transport. The Committee requests the Government to take all necessary measures (under the national budget and, if necessary, by seeking international financial cooperation) to provide labour inspectors visiting agricultural undertakings with the means of action and the vehicles and/or transport facilities they need to perform their duties, in accordance with the abovementioned provisions of the Convention. The Government is asked to keep the Office informed of any such measures and of progress made in the period covered by its next report.

Article 9. Training a sufficient number of suitably qualified labour inspection staff for the agricultural sector, particularly in the area of the safety and health risks facing agricultural workers. In its previous observation the Committee stressed the need to train sufficient numbers of qualified inspection staff particularly in the area of the occupational safety and health risks facing agricultural workers. The Government indicates that the duties of the inspectorate are comprehensive in scope, so the training provided for labour inspectors is multi-sectoral. Every inspector is therefore expected to work in all sectors of activity. In the Government’s view, an inspection system organized in this way is on no account at odds with the Convention. The Committee is bound to point out that although the Convention does not require a specific body of inspectors to be created solely for the agricultural sector, it does provide, in Article 9(3), that labour inspectors in agriculture shall be adequately trained for the performance of their duties. Furthermore, measures must be taken to give them appropriate further training in the course of their employment. Accordingly, even where the coverage of a labour inspectorate is comprehensive, specific training is necessary for inspectors who work or who will work in the agricultural sector. There are activities specific to the agricultural sector – for example those involving the use of pesticides and other chemicals – for which technical knowledge must be acquired. The Committee draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector, and again urges it to take the necessary steps to ensure that inspectors who work or will be called upon to work in agricultural undertakings receive suitable training, and to provide information on these measures and their results.

Articles 3, 14, 16, 18, 21, 25, 26 and 27. Inspection work in agricultural undertakings and the requirement to submit reports. Further to its previous comments and to its general observation of 2009, the Committee notes the Government’s acknowledgement that in a country which is essentially agricultural, statistics on agricultural undertakings and the workers they employ are an absolute necessity. It notes that, unfortunately, an attempt to record the workplaces liable to inspection was unsuccessful. Noting that the Government has expressed a need for ILO technical assistance in compiling a register of agricultural undertakings, the Committee can only commend the Government on its initiation of such an operation and points out that it is essential to examine why it did not succeed and to look for other approaches. The Committee requests the Government to provide full information and any documentation relevant to the measures set in motion to compile a chart of agricultural undertakings (instructions, circulars, forms, inspection reports, etc.), together with a detailed explanation of why the project was not completed.

The Committee requests the Government to take decisive steps to promote cooperation between the institutions and public and semi-public bodies that have data relevant to the labour inspectorate with a view to gradually recording agricultural undertakings, as a first step listing at least plantations and other intensive farming enterprises (national, multi-national or combined), and to provide information on these measures and the results obtained during the period covered by the next report on the application of this Convention.

Lastly, the Committee requests the Government to ensure that pending the establishment, with ILO technical assistance, of a register of agricultural undertakings, the central inspection authority publishes and sends to the ILO at the earliest possible date and on an annual basis, all available information on inspection activities and their outcome (applicable legislation, inspection staff involved, number of undertakings and workers covered, control of legislation, raising awareness of occupational risks, warnings, penalties imposed and actually applied, etc.) in agricultural undertakings in the period covered by the next report.

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Article 12, paragraph 1, and Article 27(e) of the Convention. Cooperation between the inspection services in agriculture and the judiciary. Also referring to its observation, the Committee duly notes the statement, in reply to its general observation of 2007, to the effect that measures have been taken in the form of holding seminars to ensure effective cooperation between the labour inspection system and the judiciary. Noting that these measures should consist of establishing a system for the registration of court decisions which is accessible to the labour inspectorate to enable the central authority to have a database with the relevant information, the Committee requests the Government to provide further information on any new developments in this respect, and also a copy of any relevant document.

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The Committee notes that the Government’s report does not refer to any positive developments with regard to the application of the Convention.

The Committee’s previous request referred to the question of training of labour inspectors in agriculture (Article 9 of the Convention), the material resources available for the performance of their duties, especially office and transport facilities and the reimbursement of labour inspectors’ travel costs related to their work in agriculture (Article 15), and preventive controls in agricultural undertakings, as envisaged in Article 17.

In an observation to the Government in 1999, the Committee drew attention to the fact that no annual report on the work of the labour inspection services had been sent to the ILO.

In its 2002 report relating to the application of the Convention, the Government announced, however, in relation to Articles 14 and 15, that since 2001 the training of labour inspectors working in agricultural areas had resumed at the National School of Administration in Abidjan and that additional staff were expected, namely seven labour administrators, ten labour attachés and 12 labour controllers. In its observation of 2003, the Committee requested the Government to supply information on any steps taken towards the establishment of an inspection system in agriculture and on any progress made, and it also requested the Government to supply documentation and information of a practical nature on inspection activities undertaken in the area of combating child labour.

The Government’s report received in 2004 indicated that there were still no specialist labour inspectors in agriculture. Not only were there insufficient material resources to meet the professional requirements of inspectors working in agricultural areas, but also the inadequately equipped labour inspection offices were located without taking into consideration the geographical distribution of agricultural enterprises.

With reference to the report made in relation to the Labour Inspection Convention, 1947 (No. 81), received in 2008, in which reference is made to a substantial reinforcement of labour inspection staff and structures, the Committee notes with concern that, according to repeated statements by the Government in 2006 and 2009, no progress has been made in the application of the present Convention. It is therefore bound to remind the Government that, in ratifying the Convention, it undertook to take the necessary steps to implement it in law and in practice, particularly by establishing, in accordance with Article 6(1), a system of labour inspection whose functions would be: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit to it proposals on the improvement of laws and regulations. In view of the large numbers of workers occupied in the agricultural sector in the country (men, women and children), especially in coffee, cotton, banana, oil palm and cocoa plantations and other agricultural undertakings, and also in view of the specific occupational risks to which these persons are exposed because of pesticides and other toxic substances handled and used in their environment, the Committee considers that there is an urgent need for the Government to meet its commitments deriving from the ratification of this Convention. In its General Survey of 2006 on labour inspection, the Committee emphasized in its final remarks that the priority nature of labour inspection should be reflected in the level of resources allocated and that a strong and effective labour inspectorate provides not only better protection, but also better prevention and productivity at work, to the benefit of everyone (paragraphs 371–374).

The Committee urges the Government to take all necessary steps to ensure the application of this Convention, particularly through the training of sufficient numbers of qualified inspection staff in the area of the occupational safety and health of agricultural workers, and equipping these staff with sufficient resources to meet the requirements of inspection in agricultural undertakings (appropriate office and transport facilities, technical equipment needed for the analysis of products and substances handled and used, etc.).

The Committee also requests the Government to ensure that information on inspection activities in agricultural undertakings included periodic reports which are sent to the central authority so that the latter can include the information in an annual report which is published and a copy of which is sent to the ILO, as provided for in Articles 26 and 27. Until such time as the conditions exist for the publication of such a report, the Committee urges the Government to keep the Office informed of the inspection activities carried out in agricultural undertakings and the results achieved during the period covered by the next report.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period.

Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.

Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.

Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.

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The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period. However, it hopes that the Government will supply information in reply to its previous comments, which covered the following points.

1. Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.

2. Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.

3. Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.

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The Committee notes the information supplied by the Government in its report. With reference to its direct request under Convention No. 81, it asks the Government to provide information that is as detailed as possible in its next report on the following points.

1. Training of labour inspectors in agriculture. The Committee notes that, in its report, the Government states that training for labour inspectors does not include specialization in agriculture and that there is no specific further training for labour inspectors operating in regions where there are many agricultural enterprises. It invites the Government to indicate whether measures have been taken or are envisaged to remedy this situation and to ensure that labour inspectors in agriculture receive adequate training and further training, in accordance with Article 9, paragraph 3, of the Convention.

2. Resources of labour inspectors in agriculture. The Committee notes with concern the Government’s view that labour inspectors operating in agricultural areas lack sufficient and suitable material resources for the performance of their duties, whether in terms of premises or of communication and transport facilities. It requests the Government to describe the measures taken or envisaged to provide the labour inspectorate with sufficient resources for it to carry out its duties efficiently and, in particular, with the necessary premises and transport facilities, as required by Article 15 of the Convention.

3. Preventive control of plant, substances and processes. The Committee notes that, although the Labour Code provides for the labour inspection services to be associated in the preventive control of new plant, new substances and new processes which appear likely to constitute a threat to health or safety, such controls are not widespread. It therefore asks the Government to indicate the measures taken or envisaged to ensure that such controls are carried out with the participation of the labour inspectorate, in accordance with Article 17 of the Convention.

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1. Establishing the conditions required for the operation of a labour inspection system in agricultural enterprises. The Committee notes the Government’s replies to its previous comments. In connection with its observation under Convention No. 81 and in view of the impact of the economic and political situation on the working and living conditions of people working in the agricultural sector, the Committee trusts that the Government will soon be able, if necessary with ILO technical support and international financial cooperation, to identify the human resources and material and logistical needs required for labour inspection in agricultural enterprises and to define priorities for action in this area. It requests the Government to provide information on any steps taken to this end and on any progress achieved.

2. Labour inspection and child labour in the agricultural sector. With reference to its observation of 1999 under this Convention and under Convention No. 81 and the role that labour inspectors’ should play in the strategy to combat child labour, the Committee notes from the Government’s report on the Minimum Age Convention, 1973 (No. 138), that labour inspectors have been made aware of the issue. It also notes with interest that, in the framework of the WAC/AP project (West Africa Cocoa/Agriculture Project), a committee to combat child trafficking was created and a law adopted on the subject. It requests the Government to provide any relevant documentation as well as practical information on inspection activities conducted with a view to seeking out any breaches of child labour legislation and the results of such inspection.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

  Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2).

  Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

  Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

  Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

  Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

  Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

  Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

  Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

  Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

  Articles 14 and 21. The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

  Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

  Article 19(2). The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

  Article 1.  Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2).

  Article 3.  Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

  Article 6.  Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

  Article 7.  Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

  Article 8.  Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

  Article 9.  Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

  Article 10.  Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

  Article 12.  Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

  Article 13.  Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

  Articles 14 and 21.  The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

  Article 17.  The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

  Article 19(2).  The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (paragraph 1) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under paragraph 2.

Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

Articles 14 and 21. The Committee had noted in the Government's report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d'administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government's report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government's decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

Article 19, paragraph 2. The Committee notes the Government's concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

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The Committee notes the Government's reports for 1996 and 1997 and the partial information provided in response to a number of the Committee's previous comments. The Committee also noted the Government's statement to the effect that the information concerning the labour inspectorate's activities covers all economic sectors, including agriculture. The Committee has also examined the Government's reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81.

The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

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The Committee notes the information provided by the Government in reply to its previous comments. It refers to its comments under Convention No. 81 as follows:

Article 6, paragraphs 2 and 3 of the present Convention is dealt with under Article 3(2), of Convention No.81, as follows:

Article 3, paragraph 2. The Committee notes the Government's statement that the additional duties conferred on the inspectorate, particularly those under sections 122, 139 and 159 of the Labour Code, do not interfere with the effective discharge of the primary duties of inspectors. In the absence of published annual reports on the activities of the inspection service, the Committee is unable to appreciate how far the primary tasks of the inspectorate, which include securing the enforcement of the labour laws and regulations through inspections, are in practice being discharged. Please provide further details.

Article 14 under Article 10, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Article 15 under Article 11, paragraph 1, ibid, as follows:

Article 11, paragraph 1. The Committee notes the practical difficulties encountered by the inspection services owing to lack of material means. It also notes the Government's commitment to provide such means as soon as finances permit. Please continue to provide details in this respect.

Article 18, paragraph 2(b) under Article 13, paragraph 2(b), ibid, as follows:

Article 13, paragraph 2(b). The Committee notes that the draft section 91.4 in paragraph 4 would when adopted amend the current section 128 of the Labour Code, empowering inspectors to give orders requiring measures with immediate executory force in the event of imminent danger to health or safety of the workers. Please provide full details of further developments in this regard.

Article 21 under Article 16, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Articles 26 and 27 under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes once again that the annual report on the work of the inspection services has not been received by the ILO. It wishes to underline the importance it attaches to the compilation, publication and transmission of such reports as required by these provisions of the Convention to enable the Committee to verify the implementation of the Convention. It trusts the Government will ensure, in future, that these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee requests further particulars on the following:

Article 2. The Committee notes that under sections 184 and 64 to 79 of the Labour Code and the provisions of Decree No. 65-124 of 2 April 1965, arbitration awards and collective agreements are considered subject to enforcement and obligatory. It would be grateful if the Government would provide further clarifications as to whether labour inspectors are specifically entrusted with the tasks of enforcing such awards and collective agreements in addition to enforcing laws and regulations.

Article 16, paragraph 2. The Committee would be grateful if the Government would provide indications of the provisions prohibiting unauthorized entries by labour inspectors into the private homes of operators of agricultural undertakings.

Article 17. The Committee wishes to draw the Government's attention to the particular requirements regarding the association of labour inspectors with preventive control activities in connection with new plant, new materials or substance and new methods of handling or processing products which appear likely to constitute a threat to health or safety (see also paragraphs 92-97 of its General Survey on Labour Inspection of 1985). It would be glad if the Government would indicate any measures taken or proposed in this regard.

Article 19, paragraph 2. The Committee notes the information provided but wishes to point out that section 86 of the Social Insurance Code is limited to requiring the inspector covering the scene of the accident to arrange for an inquiry into the case to take place and does not provide for a continuing association with such on-the-spot enquiries. Please provide full details of any steps taken to ensure the Convention is applied in this respect.

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The Committee takes note of the Government's first report. The Government is asked to refer to the Committee's direct request concerning Convention No. 81 with regard to the application of the following Articles of the present Convention.

Article 6, paragraphs 2 and 3. See under Article 3, (2), of Convention No. 81, as follows:

Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.

Article 9, paragraph 3. See under Article 7, (3), ibid, as follows:

Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.

Article 14. See under Article 10, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Article 15. See under Article 11, ibid, as follows:

Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.

Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 18, paragraph 2(b). See under Article 13, (2), (b), ibid, as follows:

Articles 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.

Article 19, paragraph 1. See under Article 14, ibid, as follows:

Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of cooupational accidents and diseases.

Article 21. See under Article 16, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Articles 26 and 27. See under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee asks the Government also to provide information on the application of the following provisions of the present Convention:

Article 2. Please indicate whether and under what provisions labour inspectors are responsible for enforcing arbitration awards and collective agreements with force of law.

Article 4. Please indicate the provisions which determine the various categories of workers whose protection the inspection service is responsible for ensuring.

Article 16, paragraph 2. Please indicate the provisions which ensure that inspectors are prohibited from entering the private home of the operator of an agricultural undertaking without authorisation.

Article 17. Please indicate how labour inspectors are associated with preventive control activities.

Article 18, paragraph 4. Please indicate how employers and workers are informed of defects noted during inspection visits.

Article 19, paragraph 2. Please indicate how inspectors are associated with on-the-spot enquiries in the event of occupational accident or disease.